Perpetuities via Frozen Embryos?

April 29th, 2014
future, ideas, law
Should I be able to will my mandolin to you with the restriction that it never be used to play a particular tune I dislike? It's my property so I should be able to dispose of it as I wish but is it really reasonable for people 200 years from now to be restricted in how they play the instrument?

We want to balance the rights of current and future generations, and this gives a public policy question: how long after your death should you still be able to control the use of what was yours? Since 1682 the answer to "how long" has been the relatively complicated Rule Against Perpetuities, setting the limit as:

twenty-one years after the death of some life in being at the creation of the interest.

This is a very complicated way of defining a time period, but at least for most of history it's been relatively limited. Making things confusing, however, is that an unborn child is considered to be a "life in being" for the purposes of this rule. While no one has tried this in court, it's possible that this includes frozen embryos. [1] In which case you could make a perpetual trust by specifying a cryogenically preserved embryo as the "measuring life" for the purposes of the trust, and including in the trust the stipulation that the embryo remain frozen.

I kind of hope someone does this so I can read the court's opinion, but policywise we should probably just scrap the traditional rule and switch to a simple fixed limit of N years.


[1] Extensive discussion in Gametes, Embryos and the Life in Being: The Impact of Reproductive Technology on the Rule Against Perpetuities (McCrimmon, 2000).

Comment via: google plus, facebook, substack

Recent posts on blogs I like:

Ozy and Vasili Review Lilo and Stitch

Sometimes my seven-year-old, Vasili, wants to see some godawful movie that makes me want to melt my eyeballs out of my head.

via Thing of Things June 27, 2025

Elixir's Last Dance

On May 18th, the contra dance band Elixir had their last gig ever. The dance was packed: there were three hundred people. It was the only dance BIDA has ever done where they sold tickets. People flew from across the country just to hear Elixir play one la…

via Lily Wise's Blog Posts June 5, 2025

Workshop House case study

Lauren Hoffman interviewed me about Workshop House and wrote this post about a community I’m working on building in DC.

via Home April 30, 2025

more     (via openring)